Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Transfer of entitlement to spouse or partner

71E: Entitlement may be transferred to spouse or partner

You could also call this:

“You can share your parental leave money with your husband, wife, or partner”

You can give all or some of your parental leave payment to your spouse or partner. This is called transferring your entitlement. You can do this if you’re eligible for the payment and your spouse or partner meets certain conditions.

Your spouse or partner can receive the transferred payment if they:

  1. Plan to or already take care of the child most of the time.
  2. Have worked enough to qualify for the parental leave payment.
  3. Stop working, either by taking parental leave or quitting their job, for the time they receive the transferred payment.

Remember, you can choose to transfer all of your payment or just part of it to your spouse or partner.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121559.

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71EA: Effect of transfer of entitlement to spouse or partner, or

“What happens when you give some of your parental leave pay to your partner”

Part 7A Payment for parental leave
Transfer of entitlement to spouse or partner

71EEntitlement may be transferred to spouse or partner

  1. An eligible employee or an eligible self-employed person (the transferor) may transfer all or part of his or her entitlement to a parental leave payment in respect of a child to his or her spouse or partner if subsection (2) applies to the spouse or partner.

  2. This subsection applies if the spouse or partner is a person who—

  3. has or intends to have primary responsibility for the day-to-day care of the child; and
    1. meets the parental leave payment threshold test; and
      1. stops working as an employee or a self-employed person, including by taking a period of parental leave, for the period in relation to which the entitlements are transferred.

        Notes
        • Section 71E: replaced, on , by section 59 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).